Thomas R Califano

June 07, 2024 | New York Law Journal

While debtors' selection of venue in Chapter 11 cases and the relevant statutes have been the subject of historical debate, the scrutiny of venue has noticeably increased with a material uptick in venue inquiries and formal objections.

By William E. Curtin, Thomas R. Califano, Anthony R. Grossi and Veronica A. Courtney

8 minute read

September 17, 2021 | New York Law Journal

While some of the concerns regarding nonconsensual third-party releases may be valid, the Nondebtor Release Prohibition Act of 2021 goes too far in limiting what can, in the right circumstances, be a valuable tool in restructurings.

By Thomas R. Califano and Anna Gumport

8 minute read

June 08, 2018 | New York Law Journal

The expense, disruption and value deterioration inherent in sustained Chapter 11 proceedings have in recent years led to faster paced cases which are often, if not prepackaged, at least pre-negotiated (or pre-arranged). Debtors and sophisticated stakeholders are increasingly using plan support agreements to provide structure to a Chapter 11 case and set forth the pre-negotiated terms of a Chapter 11 plan.

By Thomas R. Califano and Rachel Ehrlich Albanese

1 minute read

December 09, 2005 | Corporate Counsel

The recently enacted federal bankruptcy act represents the most significant amendment to the bankruptcy code in 20 years. Among its sweeping changes are new provisions that will likely make it more difficult for a distressed company that files for Chapter 11 bankruptcy to retain key management personnel -- by making it more difficult to provide financial incentives and allowing greater scrutiny of their pre-filing conduct.

By Thomas R. Califano and Vincent J. Roldan

10 minute read